Military Appeals Court Rules Defense Secretary Austin Cannot Rescind 9/11 Plea Deals

The U.S. Court of Military Commission Review has ruled against Defense Secretary Lloyd Austin’s decision to rescind plea agreements for three accused 9/11 plotters. The agreements, negotiated by the convening authority Susan Escallier, allowed the defendants to plead guilty to avoid the death penalty. The court determined Austin overstepped his authority by attempting to retroactively dismantle the deals. This decision reaffirms a lower court ruling, allowing the defendants to proceed with their plea deals. The Pentagon is now considering its options, including whether to appeal the decision, while a temporary pause on the matter is in place until January 27, 2025.

“In a landmark decision, the U.S. Court of Military Commission Review ruled that Defense Secretary Lloyd Austin lacked the authority to rescind plea agreements for three accused 9/11 conspirators.”

 The plea deals were negotiated by Susan Escallier, the convening authority for military commissions, and allowed the defendants to plead guilty in exchange for avoiding the death penalty.

The three men involved—Khalid Sheikh Mohammed, Walid Muhammad Salih Mubarak Bin ‘Attash, and Mustafa Ahmed Adam al Hawsawi—were charged with aiding, abetting, and conspiring in the September 11, 2001, terrorist attacks. Lawyers presented the plea deals on August 1, 2024, but the next day, Austin revoked Escallier’s authority and invalidated the agreements.

Chief Judge Lisa M. Schenck, writing for the three-judge panel, called Austin’s actions “without precedent” and noted that retroactively dismantling pretrial agreements violated military justice procedures. The court emphasized that allowing the plea deals to proceed was both fair and necessary.

“Responsibility for such a decision should rest with me,” Austin had said when withdrawing the agreements. However, the court rejected this stance, asserting that the role of a convening authority includes negotiating plea agreements independently, without interference from superiors.

The ruling supports a lower court’s earlier decision, which found that the defendants should proceed under the negotiated plea terms. The Pentagon has filed a request to pause any further developments in the case until January 27, 2025, as officials weigh options, including a potential appeal.

The plea deals represent a significant development in the ongoing legal proceedings for the 9/11 attacks, which have faced delays and controversies for years. This ruling ensures the defendants can move forward without further delays from attempts to nullify existing agreements.